Pfeiffer v. Byrne

Markewich and Silverman, JJ.,

dissent in part in a memorandum by Silverman, J., as follows: I would reverse the order appealed from and deny counsel’s motion for counsel fees and costs. Respondent mother has absconded with her child and her whereabouts are not known. The order appealed from awarded counsel fees payable to the attorney by the putative *792father. I think this was error of law and abuse of discretion as a matter of law. Without attempting to reconcile the various statutes, the following considerations lead me to my conclusion, even assuming we have the power to make the award: The…